Terms And Conditions of Use
- 1. USE OF THE PLATFORM
Welcome to https://kivartlabs.com/ ("Site"). The website https://kivartlabs.com/ is owned and operated by ISH KUMAR AND CO LLP ("Limited Liability Partnership”) a partnership incorporated under the provisions of the Limited Liability Partnership Act 2008 with its registered office at H-17/35, SECTOR-7, ROHINI, North Delhi, Delhi, 110085. You may be accessing our Site from a computer or mobile phone device (through an IOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the Site.
The Site is only to be used for your personal non-commercial use and information. Your use of the Site and features of the Site shall be governed by these Terms and Conditions (hereinafter " Terms of Use ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " Policies ") as modified and amended from time to time.
By merely accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the policies, whether you have read the same or not. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible for ensuring that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the Site or such material.
Limited Liability Partnership reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If the Limited Liability Partnership decides to change the Terms of Use or Policies. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules, and any other applicable policies, to understand the terms and conditions that apply to your use of the Site.
- PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by the Limited Liability Partnership following the terms and purposes outlined in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Limited Liability Partnership.
- YOUR ACCOUNT
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. The Limited Liability Partnership or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, and password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
If you are accessing, browsing, and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Limited Liability Partnership.
We reserve the right to refuse service and terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in the Limited Liability Partnership’s and Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email, or otherwise transmit via the Site. The information provided to us shall be maintained by us under our Privacy Policy.
- PRODUCT INFORMATION
The company attempts to be as accurate as possible in the description of the product on the Site. However, the Limited Liability Partnership does not warrant that the product description, color, information, or other content of the Site is accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
The company reserves the right to correct, change, or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to the pricing and availability of the products.
- PRODUCT USE
The products and services available on the Site, and the samples, if any, that the Site may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
- PRICING INFORMATION
The Limited Liability Partnership strives to provide accurate product and pricing information, however, errors may occur.
The company cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 7 (Cancellations, Refunds, and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any technical error, the Limited Liability Partnership shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered. If an item is wrongly priced, the Limited Liability Partnership may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted. The Limited Liability Partnership will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. If the Limited Liability Partnership accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed before the Company dispatches the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE LIMITED LIABILITY PARTNERSHIP. The Limited Liability Partnership may revise and cease to make available any product/ services at any time. In the event, that the Limited Liability Partnership is unable to deliver the product to you on time or at all, you will be notified by e-mail and your order will be automatically canceled due to the unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. The Limited Liability Partnership shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
- MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-gift cards, and reward points.
- Credit card, Debit Card and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.
- INTELLECTUAL PROPERTY RIGHTS
The names and logos and all related product names, design marks, and slogans are the trademarks, logos, or service marks (hereinafter referred to as "Marks") of the Limited Liability Partnership. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of the Limited Liability Partnership, are the Limited Liability Partnership’s intellectual property.
The Limited Liability Partnership expressly and exclusively reserves all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, that appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of the Limited Liability Partnership and is protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.
- LIMITED LICENSE
The Limited Liability Partnership grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Site and its affiliates.
The Limited Liability Partnership reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.
- REPRESENTATIONS AND WARRANTIES
This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Limited Liability Partnership shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability, or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
The Limited Liability Partnership shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Limited Liability Partnership does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Site.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The site is presented "as is." neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the company. we make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. if you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. we have no other obligation, liability, or responsibility to You.
This disclaimer constitutes an essential part of this Terms of Use.
- TERMINATION
These Terms of Use are effective unless and until terminated by either you or the Limited Liability Partnership.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. The Limited Liability Partnership may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or the Limited Liability Partnership, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
- INDEMNITY
You agree to defend, indemnify, and hold harmless the Limited Liability Partnership, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Limited Liability Partnership including but not limited to a breach of any warranties, representations or undertakings or concerning the non-fulfillment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, the claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
- GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed following the applicable laws of India. For proceedings arising therein, the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be under the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed in Clause 10 above, the Limited Liability Partnership shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, the International arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.
- SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
- Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
The Limited Liability Partnership is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Limited Liability Partnership on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Limited Liability Partnership concerning the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
Limited Liability Partnership's failure to act concerning a breach by you or others does not waive its right to act concerning the breach or subsequent and similar breaches.
- GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that they constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
***Other notes on cashback offers: Any cashback offer extended to the users on the Site will be fulfilled only after the successful delivery of the purchased products and the close of the applicable replacement period. Unless published by the Limited Liability Partnership on the Site about any cashback or discount offer, the Limited Liability Partnership will not be liable for non-fulfillment of any obligations arising from users exercising the said offer advertised on external sites.
**All Partnership/Affiliates coupon codes will be invalid during the sales period. However, they will be redeemable and functional as the sale ends.